BILL NUMBER: AB 233	CHAPTERED  05/05/00

	CHAPTER   15
	FILED WITH SECRETARY OF STATE   MAY 5, 2000
	APPROVED BY GOVERNOR   MAY 5, 2000
	PASSED THE ASSEMBLY   APRIL 24, 2000
	PASSED THE SENATE   APRIL 13, 2000
	AMENDED IN SENATE   APRIL 4, 2000
	AMENDED IN ASSEMBLY   JANUARY 12, 2000
	AMENDED IN ASSEMBLY   JANUARY 3, 2000

INTRODUCED BY   Assembly Member Dickerson
   (Coauthors:  Assembly Members Aanestad, House, and Maddox)
   (Coauthor: Senator Johannessen)

                        JANUARY 28, 1999

   An act to amend Section 68085 of the Government Code, relating to
trial court funding.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 233, Dickerson.  Trial court funding.
   Existing law requires the Judicial Council, in consultation with
the California State Association of Counties and the California
County Auditors Association, to study and make recommendations to the
Legislature on alternative procedures that would improve the
collection and remittance of revenues to the Trial Court Trust Fund
not later than February 1, 1999.
   This bill would change that deadline to February 1, 2001, as
specified.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:


  SECTION 1.  Section 68085 of the Government Code is amended to
read:
   68085.  (a) (1) There is hereby established the Trial Court Trust
Fund, the proceeds of which shall be apportioned at least quarterly
for the purpose of funding trial court operations, as defined in
Section 77003.  In no event shall apportionment payments exceed 30
percent of the total annual apportionment to the Trial Court Trust
Fund for state trial court funding in any 90-day period.
   (2) The apportionment payments shall be made by the Controller.
For fiscal year 1997-98, the Controller shall make the first
apportionment payment within 10 days of the operative date of this
section.  The final payment from the Trial Court Trust Fund for each
fiscal year shall be made on or before August 31 of the subsequent
fiscal year.
   (3) If apportionment payments are made on a quarterly basis, the
payments shall be on July 15, October 15, January 15, and April 15.
In addition to quarterly payments, a final payment from the Trial
Court Trust Fund for each fiscal year may be made on or before August
31 of the subsequent fiscal year.
   (b) Notwithstanding any other provision of law, the fees listed in
subdivision (c) shall all be deposited upon collection in a special
account in the county treasury, and transmitted herefrom monthly to
the Controller for deposit in the Trial Court Trust Fund.
   (c) (1) Except as specified in subdivision (d), this section
applies to all fees collected pursuant to Sections 631.3 and 116.230
of the Code of Civil Procedure and Sections 26820.4, 26823, 26826,
26826.01, 26827, 26827.4, 26830, 26832.1, 26833.1, 26835.1, 26836.1,
26837.1, 26838, 26850.1, 26851.1, 26852.1, 26853.1, 26855.4, 26862,
27081.5, 68086, 72055, 72056, 72056.01, and 72060.
   (2) If any of the fees provided for in this subdivision are
partially waived by court order, and the fee is to be divided between
the Trial Court Trust Fund and any other fund, the amount of the
partial waiver shall be deducted from the amount to be distributed to
each fund in the same proportion as the amount of each distribution
bears to the total amount of the fee.
   (3) Any amounts transmitted by a county to the Controller for
deposit into the Trial Court Trust Fund from fees collected pursuant
to Section 27361 between January 1, 1998, and the effective date of
this paragraph shall be credited against the total amount the county
is required to pay to the state pursuant to paragraph (2) of
subdivision (b) of Section 77201 for the 1997-98 fiscal year.
   (d) This section does not apply to that portion of a filing fee
collected pursuant to Section 26820.4, 26826, 26827, 72055, or 72056
which is allocated for dispute resolution pursuant to Section 470.3
of the Business and Professions Code, the county law library pursuant
to Section 6320 of the Business and Professions Code, the Judges'
Retirement Fund pursuant to Section 26822.3, automated recordkeeping
or conversion to micrographics pursuant to Sections 26863 and
68090.7, and courthouse financing pursuant to Section 76238.  This
section also does not apply to fees collected pursuant to
subdivisions (a) and (c) of Section 27361.
   (e) This section applies to all payments required to be made to
the Trial Court Trust Fund by any county or city and county pursuant
to Section 77201, 77201.1, or 77205.
   (f) Notwithstanding any other provision of law, no agency shall
take action to change the amounts allocated to any of the above
funds.
   (g) Before making any apportionments under this section, the
Controller shall deduct, from the annual appropriation for that
purpose, the actual administrative costs that will be incurred under
this section.  Costs reimbursed under this section shall be
determined on an annual basis in consultation with the Judicial
Council.
   (h) Any amounts required to be transmitted by a county or city and
county to the state pursuant to this section shall be remitted to
the Controller no later than 45 days after the end of the month in
which the fees were collected.  This remittance shall be accompanied
by a remittance advice identifying the collection month and the
appropriate account in the Trial Court Trust Fund to which it is to
be deposited.  Any remittance which is not made by the county or city
and county in accordance with this section shall be considered
delinquent, and subject to the penalties specified in this section.
   (i) Upon receipt of any delinquent payment required pursuant to
this section, the Controller shall calculate a penalty on any
delinquent payment by multiplying the amount of the delinquent
payment at a daily rate equivalent to 11/2 percent per month for the
number of days the payment is delinquent.  Notwithstanding Section
77009, any penalty on a delinquent payment that a court is required
to reimburse to a county's general fund pursuant to this section and
Section 24353 shall be paid from the Trial Court Operations Fund for
that court.
   (j) Penalty amounts calculated pursuant to subdivision (i) shall
be paid by the county to the Trial Court Trust Fund no later than 45
days after the end of the month in which the penalty was calculated.

   (k) The Trial Court Trust Fund shall be invested in the Surplus
Money Investment Fund and all interest earned shall be allocated to
the Trial Court Trust Fund semiannually and shall be allocated among
the courts in accordance with the requirements of subdivision (a).
The specific allocations shall be specified by the Judicial Council,
based upon recommendations from the Trial Court Budget Commission.
   (l) It is the intent of the Legislature that the revenues required
to be deposited into the Trial Court Trust Fund be remitted as soon
after collection by the courts as possible.  As soon as possible, but
no later than February 1, 2001, the Judicial Council, in
consultation with the California State Association of Counties and
the California County Auditors Association, shall study and make
recommendations to the Legislature on alternative procedures that
would improve the collection and remittance of revenues to the Trial
Court Trust Fund.
